H. M. Punchimenike and S. H. M. Sumanawathi Menike vs. D. M. Bandula Saman Dissanayake et al. – SC FR APPLICATION NO. 233/2018-2023

Brief
In the case between the 1st Petitioner and 2nd Petitioner (Plaintiffs) and Officers of the Excise Department, the Commissioner General of Excise, and the Attorney General (Defendants), the court addressed alleged violations of fundamental rights under Article 11 of the Constitution, specifically whether conduct by Excise officers during a raid and detention on 19 December 2017 constituted torture, cruel, inhuman, or degrading treatment of the 2nd Petitioner. The core legal issue centered on whether the available evidence—including affidavits, video footage, and medical documentation—met the stringent standard required to demonstrate such infringements. The findings established that evidentiary deficiencies and lack of timely corroborative records failed to satisfy the burden of proof